Hernia Mesh Lawsuit: Key Updates and Insights
Hernia mesh lawsuits have emerged as a significant concern for patients who experienced severe complications after undergoing surgical mesh implantation for hernia repair. These lawsuits are filed against hernia mesh manufacturers whose devices are alleged to be defective, leading to a range of complications such as infection, pain, bowel obstruction, organ or tissue perforation, and adhesion. In recent years, tens of thousands of hernia mesh lawsuits have been filed, with manufacturers settling more than 50,000 cases for a total of $1.1 billion.
One of the major hernia mesh manufacturers facing litigation is Becton Dickinson’s subsidiary, C.R. Bard. The company is currently involved in a multidistrict litigation (MDL) consisting of more than 19,000 pending lawsuits. Bellwether trials are taking place to test the potential outcomes of other similar cases; the third trial is scheduled for October 2023.
Understanding Hernia Mesh
What is Hernia Mesh?
Hernia mesh is a medical device used by surgeons during hernia repair surgery. It is a flexible, synthetic material that can provide additional support and strength to the weakened or damaged tissue in the affected area. The mesh aids in preventing the hernia from recurring, which is a common problem for those who have undergone hernia surgery.
Types of Hernia Mesh
There are several types of hernia mesh available in the market, which can be broadly classified into two categories: synthetic and biological.
- Synthetic hernia mesh is typically made from polypropylene, polyester, or ePTFE (expanded polytetrafluoroethylene). These materials provide a robust structure, and can be further divided into absorbable and non-absorbable subtypes. Non-absorbable synthetic mesh remains in the body permanently, while absorbable mesh is designed to break down over time as the body’s own tissue grows into it, providing a natural support structure.
- Biological hernia mesh is made from human or animal tissue. This type of mesh is considered to be more compatible with the human body and less likely to cause complications. However, biological mesh is often more expensive and may not be as durable as synthetic mesh.
Common Complications
Despite their widespread use, hernia mesh implants have been linked to a range of complications, some of which have led to lawsuits against manufacturers. Common complications associated with hernia mesh include:
- Infection: In some cases, the mesh can become contaminated, leading to infection. This may require additional surgery to remove the mesh and treat the infection.
- Pain: Patients might experience chronic pain after hernia surgery involving mesh. This can be due to nerve damage or inflammation caused by the mesh material.
- Bowel obstruction: The mesh can sometimes cause bowel obstruction by adhering to the intestines, or even perforating the bowel. This can lead to severe abdominal pain and may require further surgery.
- Adhesion: The mesh can cause the surrounding tissues to adhere or stick together, leading to discomfort, pain, and possible organ damage.
- Mesh migration or shrinkage: The mesh can shrink, break, or move from its original location, potentially leading to pain, recurrence of the hernia, or other complications.
It is important for patients to be aware of these potential complications and discuss their concerns with their healthcare provider before undergoing hernia surgery involving mesh implants.
Hernia Mesh Lawsuit Overview
Current Legal Landscape
As of August 2023, the hernia mesh lawsuit landscape is active, with numerous cases pending against various manufacturers. Over 20,000 hernia mesh lawsuits from across the United States have been combined into three different mass litigations, each involving a different hernia mesh manufacturer: Atrium Medical Corp., Ethicon Physiomesh, and Bard Davol.
These lawsuits primarily stem from device complications such as infection, pain, bowel obstruction, organ or tissue perforation, and adhesion. Despite manufacturers claiming their products are not defective, they have settled over 50,000 hernia mesh lawsuits totaling $1.1 billion. One ongoing legal fight is the Bard MDL, with more than 19,000 lawsuits pending. The third bellwether trial in this MDL is scheduled for October 2023.
Qualifying for a Lawsuit
To qualify for a hernia mesh lawsuit, a patient typically needs to have received a medical diagnosis indicating their hernia mesh implant has failed. This failure may result in severe post-surgical complications and injuries, warranting legal action against the mesh manufacturer for financial compensation.
Individuals experiencing complications from a hernia mesh implant should consult with an experienced attorney who can assess their case and determine the likelihood of a successful lawsuit. A thorough evaluation of the patient’s medical history, the type of mesh used, and the severity of the complications will be considered as part of the process in determining eligibility for a lawsuit.
Personal Injury and Product Liability in Hernia Mesh Cases
Determining Liability
In hernia mesh cases, it is crucial to determine which party is responsible for complications resulting from the mesh. In most cases, the liability falls on the manufacturer of the defective hernia mesh. Manufacturers have a legal obligation to produce and market medical devices that are safe and effective for their intended use. In some instances, liability may extend to the surgeon who implanted the mesh or the hospital where the surgery took place if there was negligence involved.
Understanding Damages
Damages in hernia mesh lawsuits are typically categorized into two types: economic and non-economic damages. Economic damages refer to the financial losses incurred by the victim due to the failed hernia mesh, such as medical bills and lost wages. Non-economic damages, on the other hand, address the physical and emotional distress caused by the complications, like pain and suffering or diminished quality of life. In some cases, victims of failed hernia mesh devices have settled for more than $830 million collectively.
It is worth noting that statutes of limitations apply to hernia mesh lawsuits. The specific deadline depends on the state where the lawsuit is filed and can vary between personal injury and product liability statutes (50-state details on different civil statutes of limitations).
Process of Filing a Hernia Mesh Lawsuit
Finding the Right Attorney
To begin the process of filing a hernia mesh lawsuit, it is crucial to find an experienced and knowledgeable attorney. A skilled lawyer will understand the complexities of these types of cases and be familiar with the nuances of product liability law. To choose the right legal representation, research local attorneys who have experience with hernia mesh cases and check their track records. Seek recommendations from friends, family, or online resources, and don’t hesitate to schedule consultations to find the best fit.
Gathering Evidence
Once an attorney has been selected, the next step is to gather all necessary evidence to support the lawsuit. This may include medical records, doctor’s notes, photos of the affected area, and any other documentation related to the hernia mesh complications. The evidence should clearly demonstrate that the hernia mesh resulted in serious injuries or complications, and that the manufacturer is responsible for the damages. The attorney will help in guiding the process of collecting and organizing all relevant information for the claim.
Filing the Lawsuit
Finally, after finding the right attorney and gathering the necessary evidence, the hernia mesh lawsuit can be filed. Depending on the facts of the case and the defendant, the lawsuit may join an existing Multidistrict Litigation (MDL) and be brought to federal court. During the filing process, the attorney will draft a complaint that outlines the specific facts of the case, the injuries suffered, and the compensation being sought from the manufacturer.
The discovery process follows filing, which is an important part of the litigation where both sides investigate details and gather additional information. As the case progresses, settlement negotiations or a trial may take place, leading to potential compensation for the plaintiff. By working closely with a skilled attorney and being diligent throughout the process, one can increase the chances of a successful hernia mesh lawsuit.
Notable Hernia Mesh Lawsuit Verdicts
In recent years, there have been several hernia mesh lawsuit verdicts that stand out due to their compensation amounts and the impact they have on the ongoing litigation. One such case involved a Rhode Island jury that ordered Becton Dickinson to pay $4.8 million to Paul Trevino and his wife Earlynn in a hernia mesh trial. The verdict came after a month-long trial, and the company is currently facing more than 30,000 similar lawsuits over its mesh hernia repair devices.
Manufacturers of hernia mesh devices have faced a significant number of lawsuits over the years and have settled large quantities of these cases. For instance, some companies have settled more than 50,000 hernia mesh lawsuits with total payouts amounting to an estimated $1.1 billion.
In another notable case, a jury awarded Antonio Milanesi a $255,000 verdict against C.R. Bard in the second bellwether trial, which took place in April 2022. This type of trial is intended to be representative of the numerous pending cases against the same defendant and can often be informative for both sides in terms of potential outcomes in the future lawsuits.
In December 2021, a judge granted a Motion to Establish a Qualified Settlement Fund in the Atrium MDL (multidistrict litigation). Although the terms of the settlement were confidential, it was reported that Atrium had set aside approximately $66 million for resolving claims. This serves as yet another example of the extensive legal challenges faced by hernia mesh manufacturers and the substantial compensation awarded to impacted patients.
The Future of Hernia Mesh Lawsuits
As hernia mesh lawsuits continue to progress, many state and federal courts are handling an increasing number of cases involving defective products from various major manufacturers such as Bard, Ethicon, and Atrium. Major advances have been made in these litigations, with recent developments in individual cases showing the potential for future outcomes. When analyzing the present-day state of these lawsuits, it is essential to remain cautious and consider the ever-changing dynamics that occur within the legal landscape.
In one recent case, a jury verdict awarded a significant sum of compensation to a patient who required multiple surgeries due to hernia mesh complications. This particular case sets a precedent for other plaintiffs seeking monetary compensation for their pain and suffering. However, it is crucial to remember that each lawsuit is unique, and outcomes may vary depending on specific case details.
Looking ahead, the courts are expected to handle multiple hernia mesh claims concurrently, with no indication of these suits slowing down in the near future. As claimants continue to come forward and seek justice for the pain and complications brought upon them by hernia mesh products, the legal sector is preparing to manage the increased number of litigations.
In conclusion, while the future of hernia mesh lawsuits remains uncertain, recent case verdicts and the ongoing legal battles suggest that affected individuals are making progress in holding hernia mesh manufacturers accountable. Despite the varying verdicts and compensation amounts awarded in each case, the primary goal is to provide compensation for the enduring pain and suffering that these defective products have caused patients.
